Quattro Leone Holdings Pty Ltd v Inner West Council [2019] NSWLEC 1495

Land and Environment Court New South Wales

Medium Neutral Citation: Quattro Leone Holdings Pty Ltd v Inner West Council [2019] NSWLEC 1495 Hearing dates: Conciliation conference on 5 & 21 August 2019 Date of orders: 16 October 2019 Decision date: 16 October 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the amended architectural plans listed in condition 1 of the conditions of consent at Annexure "A". (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs agreed at $4,000.00 within 7 days of the date of the orders. (3) The Applicant's clause 4.6 request prepared by Ethos Urban dated 19 September 2019 for the non-compliance with the floor space ratio development standard in clause 4.4(2) of the Leichhardt Local Environmental Plan 2013 is upheld. (4) The appeal is upheld. (5) Development consent is granted to Development Application D/2018/24 for alterations and additions to the existing building with a new attic/roof top level and the use of the attic/roof top level for a restaurant/bar at 332 Darling Street, Balmain subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – alterations to heritage listed building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Quattro Leone Holdings Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: J Ireland (Applicant) G Christmas (Solicitor) (Respondent)